My story.... Won * Now want advice on claiming costs

[Fagin61]

Hi guys, I really need your help for a novice.

Background is: I had a loan from Speed E Loans, The original amount borrowed was £200. I agreed to a pay the sum of £400 payable in F&F payment to clear this account. 2 days before I was due to make this payment, I received a fake N15 form from SL pretending to be sent from Birmingham County Court. This had Birmingham County Court crest of arms and the court address in Birmingham printed on the bottom. The amount claimed on this fake form was £1108.44 I contacted Birmingham County court who confirmed no such claim had been lodged. I also contacted CAB who told me to report this to the police. (Did not, wish I had)

I immediately withdrew my offer due to this blatant attempt at fraud by SL to claim more than the repayment plan agreed.

Fast forward……..SL issued a real claim through Northampton County Court for the above sum of £1108.44 The claim was sent to a wrong address in an effort to get judgment by default. I defended citing:

Wrong address, in an effort to get judgment by default.

Baldness of the claim,

Fake N15 form issued

Repayment plan agreed but ignored.

Ignoring OTF guidelines re: fair and reasonable lending. ( 2334% APR )

(With thanks to Silly Girl)

After defending, I sent my AQ to the court, together with the fake N15 form as evidence. SL did not (not surprisingly) return their AQ so the claim has been struck out.

But I am angry. How can SL sent the claim to the wrong address in an effort to get judgment by default causing me great embarrassment in the process... Issue a fake N15 in an attempt to obtain monies by deception and put me through all the inconvenience and worry. I have spent a lot of time on the phone to the court checking the status of the claim, indeed I have to phone the court to get the verdict of a strike out. SL have not informed me of the discontinuance of the claim. This is in addition to the time I have spent researching CCA and similar cases.

In my opinion SL had no intention of pursing this claim through to its conclusion, (I would of gladly faced them in court) and as such have issued a vexatious claim.

Can anyone help me claim costs on this strike out? I do not know how to go about claiming these. The court says that as I did not issue a counter claim at the time I will have to issue a new claim for costs. Could someone guide me through the process to claim costs? What can I actually claim? Do I have to write a LBA to SL before I issue the claim? I really need to do this, as I feel I have been put through hell and back and want costs as a form of closure and justice.

Thanks Guys, appreciate your help.

[42man]

What a dreadful story....well done for standing up to them, make sure you send all the paperwork to the OFT too..this might be useful as a starting point - http://webarchive.nationalarchives.gov.uk/+/http://www.justice.gov.uk/civil/procrules_fin/contents/parts/part44.htm

[Fagin61]

Thanks 42 man, its been unbelievable. Will have a look at your link.. Anyone else offer any advice as how/what to claim?

[Fagin61]

Bump, anyone?

[Fagin61]

Guys I have filled in N252 form together with Defendants bill of costs. these will be posted today to SL

 

Do I have to send a copy of these to the courts?

 

Thanks,

[AndyOrch]

Guys I have filled in N252 form together with Defendants bill of costs. these will be posted today to SL

 

Do I have to send a copy of these to the courts?

 

Thanks,

 

Correct.

 

Andy

[Fagin61]

Thanks Andy

[Fagin61]

Andy/anyone is there a cost to this? Do I have to send a cheque etc to HM Courts?

[AndyOrch]

Apologies Fagin I didnt realise you was considering the N252 route. Dont file it yet!!!! Wasted costs is the route to try first but wasted costs on a strike out are difficult to attain. What figure had you in mind with regards to costs?

 

Andy

[Fagin61]

Thanks Andy, I have sent the N252 to SL, but have held fire on sending it to the courts. Hopefully they will see sense and will save me a fee.

I was looking at a earlier thread from x20. He claimed for the work and research defending the claim. My claim is for £648. I know I maynot get this, but in truth, I do not really care. I want to put a rocket up them. I will of course settle for much less. If you think its not worth filing a claim with the courts for a strike out then I will let sleeping dogs lie and hope for the best with SL. In the end its not about the money, just want them to have the odd sleepless night.

[AndyOrch]

Yes just try the informal approach for now, once a claim as been struck out invariably most (if not all) DJs would not consider your costs

as the claim was struck out you dont have a case for costs.

 

Andy

[Fagin61]

Thats really useful info Andy, and has saved me a court fee. My thanks.

[AndyOrch]

not applicable.

 

 

Andy